The Ethics and Security of Cloud Computing

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Date Submitted: 05/31/2013 09:12 AM

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The Ethics and Security of Cloud Computing

benefits offered by cloud computing are numerous, several outstanding questions remain regarding the relative security of cloud-based systems as compared

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he shift from desktop- and server-based software to software as a service (SaaS) or “cloud computing” is one of the most significant transitions in computing to occur in the last 20 years. While the

to traditional, on-premises solutions. In a law firm context, the use of cloud computing raises ethics issues around storing confidential client data on a system the attorney may not own or otherwise control. The discourse on the ethics of cloud computing took a significant step forward in March 2010 with the issuance of a proposed Formal Ethics Opinion (FEO) on cloud computing by the North Carolina State Bar.

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This was the first FEO in North America to explicitly deal with the use of SaaS/cloud computing in a law firm. While the proposed FEO ultimately endorses the use of cloud computing technology in a law firm provided that “reasonable care is taken effectively to minimize the risks to the confidentiality and to the security of client information and client files,” the onus of evaluating a cloud provider’s security infrastructure is placed on the law firm.

for firms of all sizes. Cloud-based services typically eliminate large up-front licensing and server costs, offer drastically reduced consulting and installation fees, and do away with the “upgrade treadmill” usually associated with traditional desktop- and server-based software. Cloud-based services also offer “anywhere accessibility,” a high level of easeof-use, and compatibility with both Windows and Mac OS X.

Cloud CompuTIng

Cloud computing is computing delivered as a service over the Internet, with less need for software on your desktop computer. Increasingly, it will matter less and less which computer you use to do your work: your...